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Thakor Dansangji Kapurji vs State Of Gujarat

High Court Of Gujarat|26 February, 2019
1. Learned advocate Mr. Shivam N. Thakkar states at bar that he has instructions to appear for respondent no.2- complainant and he will file his appearance during the course of the day.
2. Notice for final disposal. Learned APP Mr. Pranav Trivedi waives service of notice on behalf of respondent - State and learned advocate Mr. Shivam Thakkar waives service of notice on behalf of respondent No.2.
3. Affidavit on behalf of the complainant - Narayanbhai Ganeshbhai Patel is taken on record along with affidavit of applicant - accused.
4. At the time of hearing, both the complainant and applicant - accused are present along with their respective advocates Page 1 of 3 R/CR.RA/1455/2018 ORDER and state on oath that the parties to the proceeding filed under section 138 of the Negotiable Instrument Act is settled and now the complainant has no objection if the judgment and order of conviction and sentence imposed upon the applicant - accused is set aside in the interest of justice.
5. After verifying the statement made at bar and averments made in the affidavit on behalf of both the parties to the litigation, it appears that settlement arrived at between the parties is accepted as genuine and judgment and order of conviction and sentence dated 15.03.2016 passed by the learned Judicial Magistrate First Class, Siddhpur in Criminal Case No.1247 of 2013 and confirmed by order dated 30.11.2018 passed by the learned Additional Sessions Judge, Patan in Criminal Appeal No.18 of 2016 are hereby quashed and set aside, as this Court intends to secure ends of justice as provided under section 482 of the Criminal Procedure Code.
6. In view of above, the applicant - Thakor Dansangji Kapurji, now is not under obligation to serve the sentence and the applicant shall be treated as acquitted on account of compounding offence with the complainant.
7. In light of decision rendered by the Hon'ble Apex Court in the case of Damodar S. Prabhu v/s. Sayed Babalal H. reported in AIR 2010 SC 1907, the applicant is required to pay 15% of the cheque amount by way of cost with the High Court Legal Services Committee in accordance with guidelines laid down in the said decision. In para 17 of the Page 2 of 3 R/CR.RA/1455/2018 ORDER said decision, the Hon'ble Apex Court has also observed that the Court can reduce the cost with regard to the specific facts and circumstances of the case. In the instant case, the applicant's financial condition is poor and as stated at bar, he could manage funds from friends and relatives and further, the applicant has suffered conviction of four days and therefore, to meet the ends of justice, the applicant is directed to deposit sum of Rs.10,000/- with High Court Legal Services Committee.
8. Accordingly, present Criminal Revision Application is allowed subject to payment of sum of Rs.10,000/- by the applicant with High Court Legal Services Committee within four weeks from today. Direct service is permitted.
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  • S H Vora